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HomeMy WebLinkAbout12-15-1997 Minutes ;;. ~ -- - . . MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 15, 1997 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:00 a.m., Monday, December 15, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Mi~ler; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. City Administrator Wilson announced that two additional positions would be discussed under Agenda Item No. S5, Government Code Section 54957, as follows: Director of Public Services; City Engineer. (Discussed later in the (1,S5,AS2) Common Council and Community to closed session for the RECESS MEETING - CLOSED SESSION meeting - page 15) At 8:00 a.m., the Mayor and Development Commission recessed following: Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): State of California ex rel. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; Marauez vs. City of San Bernardino San Bernardino Superior Court Case No. SCV 97-0086 RT; Guardian Bank vs. Penman. et al. - United States District Court Case No. 992-4415; Guardian Bank vs. Penman, et al. Superior Court Case No. 272631. San Bernardino Saman vs. City of San Bernardino, et al. - United States District Court Case No. 93-0448 CBM. 1 12/15/1997 B. Conference with legal counsel significant exposure to subdivision (b) of Government - anticipated litigation - litigation pursuant to Code Section 54956.9: one. C. Conference with legal counsel - anticipated litigation _ initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957: Public Employee Appointment: Title: Director of Public Works/City Engineer Public Emplovee Appointment: Title: Code Compliance Manager E. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Aoency Neootiator: Barbara Pachon, Director of Finance Employee Orqanization: San Bernardino Public Employees' Association (SBPEA), General Unit. CLOSED SESSION At 8:00 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Easland and Murad, and Josie Soria, Legal Secretary, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, and addendum to the supplemental agendas of the Mayor and Common Council and the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor ar-d Council and Community Development Commission were in closed session. 2 12/15/1997 SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED At 8:08 a.m., Senior Assistant City Attorney Simmons left the closed session. DEPUTY CITY ATTORNEY MURAD EXCUSED At 8:10 a.m., Deputy City Attorney Murad left the closed session. DEPUTY CITY ATTORNEY EASLAND EXCUSED At 8:15 a.m., Deputy City Attorney Easland left the closed session. DIRECTOR OF FINANCE PACHON & ACTING DIRECTOR OF PERSONNEL RAYA ARRIVED At 8:19 a.m., Director of Finance Pachon and Acting Director of Personnel Raya arrived at closed session. DIRECTOR OF FINANCE PACHON & ACTING DIRECTOR OF PERSONNEL RAYA EXCUSED At 8:30 a.m., Director of Finance Pachon and Acting Director of Personnel Raya left the closed session. ADJOURN CLOSED SESSION At 8: 54 a. m., the closed session adj ourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:06 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator wilson. Absent: Council Members Negrete, Arias. INVOCATION The invocation was given by Reverend Kendall C. Baker, First Congregational Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. COUNCIL MEMBER NEGRETE RETURNED At 9:08 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. APPOINTMENT - BEVERLY ANN BOTTS - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - MAYOR MINOR (2) 3 12/15/1997 Mayor Minor submitted a Staff Report dated December recommending the appointment of Beverly Ann Botts, 4694 Lane, San Bernardino, to the Community Development Advisory Committee. 8, 1997, Woodbend Citizens Council Member Curlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appointment of Beverly Ann Botts to the Community Development Citizens Advisory Committee, as requested by Mayor Minor, be approved. Mrs. Botts accepted her resolution of appointment. COMMENDATION ROGER HARDGRAVE, DIRECTOR OF WORKS/CITY ENGINEER - 36 YEARS OF SERVICE PUBLIC (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Roger Hardgrave, Director of Public Works/City Engineer upon his retirement after 36 years of faithful service to the City. Mr. Hardgrave accepted his resolution of commendation. SERVICE PIN AWARDS (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: Charles Moore Department Parks, Recreation & Community Services Parks, Recreation & Community Services Parks, Recreation & Community Services Police Police Public Services Public Works/Engineering Risk Management Years of Service 5-year pin Name Aaliyah Abdullah 5-year pin Beulah Pitts 25-year pin Kyle Lundy Josephine Foster Joaguin Negrete Anwar Wagdy Tom Marek 5-year pin 20-year pin 15-year pin 10-year pin 5-year pin Each employee received a service pin presented by Mayor Minor. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that she had attended the Boys and Girls Club open house and it was very enlightening. She noted that there has been a reconfiguration of the Executive Board and commended the director and board members for doing an excellent job. 4 12/15/1997 ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman wished all citizens and City employees a Merry Christmas and Happy New Year, and urged everyone to get into the holiday spirit and donate toys and clothes to those organizations that provide aid and assistance to the less fortunate. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin stated he wanted to put closure on having been called "Bozo" by Council Member Devlin and explain to his supporters why he left the dais as he did. He stated that bad decisions and bad behavior on the part of the Council result in a loss of credibility, and his action pertained to the Chairman not taking corrective action when the comment was made. ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (4) Council Member Negrete wished everyone a Merry Christmas and Happy New Year and urged his grandchlldren to contact him for Christmas. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark sent holiday greetings to everyone, with a reminder that January 5, 1998, was the last day to register to vote for the February 3 election. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor stated that he remembered a time when other Council members had requested that he sanction Council Member Curlin for comments he had made regarding them and he had refused to do so; therefore, he had not sanctioned Council Member Devlin for his comments. PUBLIC COMMENTS - SUSAN ROGERS (5) Susan Rogers, a resident of San Bernardino, stated that her biggest concern is the homeless population in San Bernardino. PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez. 631 West 16th Street, San Bernardino, CA, wished the Mayor and Council a happy and prosperous New Year and spoke on the advantages of having an elected city attorney. 5 12/15/1997 PUBLIC COMMENTS - DOUGLAS WATSON (5) Douglas Watson, President, Greater San Bernardino Unit of the American Cancer Society, urged the Council to support Senate Bills 177, 273, 371, and 1060. City Attorney Penman interrupted Mr. Watson, stating that the Brown Act provides that the public can speak on any item that is within the jurisdiction of the legisla~ive body; however, health issues are outside the jurisdiction of the City Council and therefore cannot be heard under the Brcwn Act. Council Member Curlin took excepticn to City Attorney Penman's interpretation of the Brown Act. Mayor Minor asked that everyone curtail their comments on this matter and informed Mr. Watson that he would write a letter of support to the governor. PUBLIC COMMENTS - JOHN COLEMAN (5) John Coleman, 1519 Bellevue Road, Redlands, CA, past president of the Inland Empire Unit of the American Cancer Society, expressed concern that the opportunity to address the Council regarding cancer precautions would be restricted, but conceded he would abide by the City Attorney's ruling. Council Member Curlin has taken action on health smoking in public places, Attorney's ruling. again took and safety and voiced the stance that the Council issues in the past, such as disagreement with the City City Attorney Penman stated that government access Channel 3 was available to the public for public service announcements and suggested that said announcement could be taped and played just prior to or immediately following the Council meeting. PUBLIC COMMENTS - MIKE STEPHENS (5) Mike Stephens, a resident of San Bernardino, thanked the Mayor for the reconsideration of a motion at the last meeting which afforded him an opportunity to speak on the matter, and wished the Mayor and Council a happy holiday. PUBLIC COMMENTS - RICHARD RICE (5) Richard Rice, a 20-year resident of San Bernardino whose life work was in architecture, spoke on the issues of water and transportation and stated that 20 years ago a partial dam should have been built in Mentone and a monorail constructed in the area. 6 12/15/1997 PUBLIC COMMENTS - SUSAN LIEN (5) Susan Lien, Councilwoman-elect, Second Ward, 1833 Kenwood Avenue, San Bernardino, stated she had received the recent report from Barbara Pachon, Director of Finance, on the projected budget deficit. She stated that last year she was alarmed at the across- the-board budget cuts that were recommended, and suggested that it would be wise to direct staff to look now at those areas where the largest cost savings could be realized. PUBLIC COMMENTS - COUNCIL MEMBER CURLIN (5) Council Member Curlin thanked City Attorney Penman for his constructive suggestion relative to using Channel 3 for health- related announcements. Dr. Curlin also commented that the English language is full of metaphors and similes and when he had used the term "brass monkeys" relative to the Council there was no vulgarity intended--in fact, he had included himself in the comment, in that they had all sat there mute when they should have spoken up. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: September 2, 1997; October 20, 1997. PERSONNEL ACTIONS (8) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated December 5, 1997, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. SET DATES - MAYOR & COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS - 1998 CALENDAR YEAR (10) Rachel December 3, Council and Clark, City Clerk, submitted a Staff Report dated 1997, regarding the 1998 schedule for Mayor and Common Community Development Commcssion meeting dates. 7 12/15/1997 Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council and the Community Development Commission approve the following dates for regular meetings of the Mayor and Common Council/Community Development Commission for 1998: January 12 (second Monday); January 26 (fourth Mcnday); February 2 and 16; March 2 and 16; April 6 and 20; May 4 and 18; June 1 and 15; July 6 and 20; August 3 and 17; September 8 and 21; October 5 and 19; November 2 and 16; December 7 and 21. RES. 97-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SEN=OR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., R3LATING TO A NUTRITION FOR SENIORS PROGRAM. (12) ORD. Me-lOll - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055 AND 15.73.065 OF THE SAN BERNARDINO MUNICIPAL CODE AND SECTION 19.30.320 OF THE DEVELOPMENT CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES. Final (13) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution and ordinance be adopted. Resolution No. 97-360 and by the following vote: Ayes: Oberhelman, Devlin, Anderson, Council Member Arias. Ordinance Counci~ Miller. No. MC-I011 were Members Negrete, Nays: None. adopted Curlin, Absent: APPROVE PLAN NO. 9276 - REPLACE 3RIDGE RAILS - RIALTO AVENUE GRADE SEPARATION - BURLINGTON NORTHERN & SANTA FE RAILWAY - AUTHORIZE ADVERTISEMENT FOR BIDS (18) Roger Hardgrave, Director of Public Works/City submitted a Staff Report dated November 24, 1997, replacement of bridge rails on the Rialto Avenue grade over the Burlington Northern and Santa Fe Railway. Engineer, regarding separation Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for replacing the bridge rails on the Rialto Avenue grade separation over the Burlington Northern and Santa Fe Railway, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 8 12/15/1997 RES. 97-361 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DETERMINING FAIR MARKET VALUE AND SALES PRICE OF $1,5CO AND DECLARING THE INTENTION TO SELL THAT CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WALKINSHAW STREET, NORTH OF VALLEY STREET TO THE STATE OF CALIFORNIA, SETTING A PUBLIC HEARING TO CONSIDER SAID SALE AND AUTHORIZING THE EXECUTION OF A TEMPORARY RIGHT OF ENTRY. (19) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 97 - 361 was adopted by the following vote: Members Negrete, CUl-lin, Oberhelman, Devlin, Nays: None. Absent:: Council Member Arias. AUTHORIZE BUDGET AMENDMENT - FISCAL YEAR 1997/98 - ANIMAL CONTROL BUDGET SHOW GROSS REVENUE & EXPENDITURE CONTRACT LICENSING PROGRAM (9) Debi Biggs, Director of Animal Control, submitted a Staff Report dated November 12, 1997, relat~ve to amending the Animal Control budget for fiscal year 1997/98. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance, for accounting purposes only, to amend the fiscal year 1997/98 Animal Control budget for the contract licensing program as outlined in the attached Staff Report dated November 12, 1997, from Debi Biggs, Animal Control Director, in order to show gross revenue and expenditures instead of net revenue. RES. 97-362 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (Building Abatements) (11) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted; and that the City Clerk be authorized to administratively remove any liens which have been paid. The motion carried, and Resolution the following vote: Ayes: Council Oberhelman, Devlin, Anderson, Miller. Council Member Arias. No. 97-362 was adopted by Members Negrete, Curlin, Nays: None. Absent: .- 9 12/15/1997 RES. 97-363 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL. (14) Council Member Curlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 97-363 was adopted by the following vote: Members Negrete, Curlin, Oberhelman. Devlin, Nays: None. Absent: Council Member Arias. APPROVE PLAN NO. 9276 - REPLACE BARRIER RAIL AVENUE BRIDGE OVER DEL ROSA CHANNEL ADVERTISEMENT FOR BIDS - HIGHLAND AUTHORIZE (15) Roger Hardgrave, Director of Public Works, submitted a Staff Report dated November 26, 1997, regarding replacement of the barrier rail on Highland Avenue over the Del Rosa channel. Barbara Pachon, Director of regarding the increase to the Construction Fund budget. Finance, answered questions fiscal year 1997/98 Street Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for replacing the north bridge rail, on Highland Avenue bridge over the Del Rosa channel, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids; that the transfer of $10,800 from Account No. 129-367-5504-7069, "Coulston Street - Richardson Avenue to Curtis Avenue," to Account No. 242- 362-5504-1749, "Replace Barrier Rail - Highland Avenue at Del Rosa Channel," be approved; and that the Director of Finance be authorized to increase the fiscal year 1997/98 Street Construction Fund (242) budget by $66,600; and to increase the projected revenue by an identical amount to reflect reimbursement by Federal-Aid STP funds. APPROVE PLAN NO. 9734 - WAY, FROM MILL STREET ADVERTISEMENT FOR BIDS REHABILITATE PAVEMENT - SIERRA TO RIALTO AVENUE AUTHORIZE (16) Roger Hardgrave, Director of Public Works/City submitted a Staff Report dated December 2, 1997, rehabilitation of the pavement on Sierra Way from Mill Rialto Avenue. Engineer, regarding Street to 10 12/15/1997 Council Member Negrete made a motion, seconded by Council Member Anderson, that the plans for rehabilitation of the pavement on Sierra Way, from Mill Street to Rialto Avenue, in accordance with Plan No. 9734, be approved; and t~at the Director of Public Works/City Engineer be authorized to advertise for bids. (Note: There was no vote taken.) City Attorney Penman questioned whether curb cuts had been included in both Agenda Item Nos. 16 and 17. Director Hardgrave answered in the negative, explaining that the Legislative Review Committee was in ~he process of establishing a policy regarding curb cuts, and ramps could not be included in this project without major reconstruction. Council Member Committee, verified Legislative Review inclination would be Curlin, a member of the Legislative Review that this item was on the December 22 Committee agenda, and stated that his to include curb cuts in the rehabilitation. City Attorney Penman suggested that the motion mandate that whatever curb cuts are required by the Department of Justice would be installed during the rehabilitation of the pavement. Council Member Negrete made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the plans for rehabilitation of the pavement on Sierra Way, from Mill Street to Rialto Avenue, in accordance with Plan No. 9734, be approved, to include curb cuts in conformance with the guidelines set forth by the Department of Justice; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. 9734 REHABILITATE PAVEMENT MILL STREET, FROM MT. VERNON AVENUE TO "I" STREET - AUTHORIZE ADVERTISEMENT FOR BIDS (17) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 2, 1997, regarding rehabilitation of pavement on Mill Street, from Mt. Vernon Avenue to "I" Street. Council Member Curlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for rehabilitation of pavement on Mill Street, from Mt. Vernon Avenue to "I" Street, in accordance with Plan No. 9734, be approved, to include curb cuts in conformance with the guidelines set forth by the Department of Justice; and that the Director of Public Works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER NEGRETE EXCUSED At 10:05 a.m., Council Member Negrete left the Council meeting. 11 12/15/1997 RES. 97-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, RELATING TO CERTAIN REAL PROPERTY LOCATED EAST OF MT. VERNON AVENUE ON THE NORTH SIDE OF NINTH STREET AND COMMONLY KNOWN AS 1244 WEST NINTH STREET. (20) Discussion ensued regarding the condition of the building, possible rehabilitation of same, and any liability the City might incur by leasing the building in its present condition. City Attorney Penman noted that the lessee should have liability insurance naming the City as additionally insured. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-364 was adopted by the following vote: Ayes: Council Members Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Members Negrete, Arias. RES. 97-365 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY RELATIVE TO TRACK WORK REQUIRED IN CONNECTION WITH CONSTRUCTION OF A NEW RAILROAD GRADE CROSSING FOR THE EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (21) RES. 97-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY RELATIVE TO THE INSTALLATION OF A RAILROAD CROSSING SIGNAL SYSTEM IN CONNECTION WITH THE EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (22) RES. 97-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 92-344 ENTITLED. IN PART, "RESOLUTION. . . ESTABLISHING OFF-SITE PLAN CHECKING AND INSPECTION FEES," TO ALLOW DEPOSITS FOR ESTIMATED COSTS BY LARGE PROJECTS, AND RESCINDING RESOLUTION NO. 90- 487. (23) RES. 97-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. .," TO AUTHORIZE THE IMPLEMENTATION OF A RESIDENT PERMIT PARKING PROGRAM ON CITRUS STREET FROM LOS FELIZ DRIVE TO VICTORIA AVENUE. (24) 12 12/15/1997 Council Member Oberhelman made a ~otion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-365, adopted by the following vote: Oberhelman, Devlin, Anderson, Council Members Negrete, Arias. 97-366, Ayes: Miller. 97-367, and 97-368 were Council Members Curlin, Nays: None. Absent: COUNCIL MEMBER NEGRETE RETURNED At 10:13 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. RECESS MEETING At 10:13 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:22 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Arias. APPROVE - CONTRACT CHANGE ORDER NO. ONE - DOUG MARTIN CONTRACTING COMPANY, INC. PAVEMENT REHABILITATION - SLURRY SEAL METHOD - VARIOUS LOCATIONS - PLAN NO. 9715 (25) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 3, 1997, regarding Change Order No. One to the contract with Doug Martin Contracting Company, Inc., for pavement rehabilitation at various locations throughout the city. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that Change Order No. One to the contract with Doug Martin Contracting Company, Inc., for pavement rehabilitation by slurry seal method, in accordance with Plan No. 9715, be approved; to provide for the removal and replacement of additional areas of pavement asphalt failures, at an estimated increase in the contract price of $8,590, from $342,147.20 to $350,737.20. 13 12/15/1997 RES. 97-369 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14400, LOCATED ON THE NORTHEAST CORNER OF ESCENA STREET AND OHIO AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION WITH TIME FOR PERFORMANCE SPECIFIED. (26) , ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A FORTY MILE PER HOUR SPEED LIMIT ON ARDEN AVENUE BETWEEN PACIFIC STREET AND HIGHLAND AVENUE. First (27) Council Member Miller made a motion, Member Oberhelman, that said resolution ordinance be laid over for final adoption. seconded by Council be adopted and said The motion carried, and Resolution the following vote: Ayes: Council Oberhelman, Devlin, Anderson, Miller. Council Member Arias. No. 97-369 was adopted by Members Negrete, Curlin, Nays: None. Absent: RES. 97-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE TEMPORARY CLOSURE OF FOOTHILL DRIVE, AT LITTLE SAND CREEK CHANNEL, THROUGH THE 1997/98 RAINY SEASON. (28) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. (Note: There was no vote taken.) Bob Holcomb, 3702 Hemlock Drive, San Bernardino, CA, opposed the closure of Foothill Drive, stating that it created a terrible inconvenience to the residents. He urged the Council to continue the item so the area residents could appear before the Council and express their views. Roger Hardgrave, Director of Public Works/City Engineer, explained that said closure was being recommended in the event the box culvert becomes plugged with debr~s, causing flooding along Foothill Drive. The closure would be effected by placing k-rail concrete barriers, which would then channel the water across Foothill Drive. The Council discussed the safety factor versus the inconvenience to the residents, as well as the idea of placing the k-rails along the roadside at the designated location and moving them into place when dictated by the weather conditions. 14 12/15/1997 City Attorney Penman reminded the Council that the largest jury verdict the City had to pay was in the Hampshire flood case, and he urged the Council to be cautious in deviating from the recommendation of the City Engineer. City Attorney Penman advised the Council that if they wanted to discuss the matter in more depth it would be prudent to recess to closed session. RECESS MEETING - CLOSED SESSION the meeting - page 1) At 10:46 a.m., the Mayor and Development Commission recessed following: Common Council and to closed session (Discussed earlier in (1) Community for the Pursuant to Government Code Section: B. Conference with legal counsel significant exposure to subdivision (b) of Government - anticipated litigation - litigation pursuant to Code Section 54956.9. CLOSED SESSION At 10:46 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Arias. ADJOURN CLOSED SESSION At 11:00 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11:00 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Counci~ and Community Development Commission of the City of San Bernardir:o. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Arias. RES. 97-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE TEMPORARY CLOSURE OF FOOTHILL DRIVE, AT LITTLE SAND CREEK CHANNEL, THROUGH THE 1997/98 RAINY SEASON. (28) 15 12/15/1997 council Member Oberhelman reiterated the motion, seconded by Council Member Miller, that said resolu~ion be adopted. Resolution No. 97-370 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: Council Member Anderson. Absent: Council Member Arias. APPROVE TRANSFER - $17,250 - INSTALL SIDEWALK EUCALYPTUS AVENUE (WEST RANDALL AVENUE CURB AND GUTTER. SIDE), NORTH OF (29) Roger submitted a transfer of sidewalk on Avenue. Hardgrave, Director of Public Works/City Engineer, Staff Report dated November 24, 1997, regarding the $17,250 for the installation of curb and gutter and the west side of Eucalyptus Avenue, north of Randall Council Member Oberhelman made a ~otion, seconded by Council Member Devlin, and unanimously carried, that the transfer of $17,250, from Account No. 129-367-5504-7069, "Coulston Street, Richardson Avenue to Curtis Avenue," to Account No. 129-367-5504- 7115, "Eucalyptus Avenue (west side), from Randall Avenue to 300 feet north," be approved. RECEIVE & FILE - STATUS REPORT - WASTE DISPOSAL AGREEMENT - COUNTY OF SAN BERNARDINO WASTE SYSTEMS DIVISION - SEEK COMPETITIVE BIDS - OTHER QUALIFIED VENDORS (Discussed later in the meeting - page 21) (S3) James Howell, Director of Public Services, submitted a Staff Report dated December 10, 1997, recommending that the Council receive and file the status report regarding negotiations between the City and the County for a Waste Disposal Agreement, and that the Council direct staff to seek competitive bids for waste transfer and disposal services from qualified vendors. Director Howell submitted an inter-office memorandum dated December 11, 1997, containing an additional detailed analysis from the County regarding the proposed Waste Disposal Agreement. Director Howell noted that staff had been directed by the Mayor to renegotiate with the County of San Bernardino the terms of the Waste Disposal Agreement; however, the County's position remained unchanged. He stated that his recommendation would be that the Council either reconsider execution of the previously proposed Waste Disposal Agreement with the County, or direct staff to seek competitive bids. However, seeking other bids could lead to litigation. 16 12/15/1997 Mayor Minor explained that the County had indicated that if the City did not adopt the contract with the County, that the City could face liability for past contamination and toxic contributions to the landfill. Director Howell noted that a similar situation had occurred in San Diego, and it was determined that t~e cities were not liable. He added that if the City did not contract with the County, the City would need a transfer station to accommodate its waste stream, and he had visited a site in the Agua Mansa corridor operated by Burrtec which could provide this service. City Attorney Penman reminded the Council that the City was part of a consortium of cities who had hired Attorney Kevin Civale of Hawkins, Delafield and Wood to help negotiate the Waste Disposal Agreement wi th the County, and that Mr. Ci vale was present to answer any questions which might arise. Gerry Newcombe, San Bernardino County Waste System Division, conducted an overhead presentation which addressed specific questions/issues that the Council had raised at their meeting on November 17, including: 1) indemnification, 2) WDA cost-of-living adjustment, 3) the escape clause, 4) O:le rate for all cities, 5) same contract for all cities, 6) questions regarding Section 3.1 (F) of the contract, 7) duration of debt service, 8) the reason for a 15-year contract term, 9) whether new technology would provide a cheaper alternatiye, 10) whether the agreement would interfere with AB939, and 11) an analysis of other deals; and answered questions regarding same. Mr. Newcombe submitted a document titled, "Waste Delivery Agreement - Questions & Answers." Chuck Tobin, Development Director, Burrtec Waste Industries, 9890 Cherry Avenue, Fontana, CA, informed the Council that the Agua Mansa Material Recovery Facility (MRF) had opened December 1 and was a viable alternative to the contract being proposed by the County. In the absence of a formal bid process, Mr. Tobin proceeded to inform the Council of wha~ Burrtec's bid would have contained. He asked that the Council direct staff to take two weeks to solicit bids to compare with the County's proposal and then decide what was in the best interest of the City. He pointed out that if the Council acted on the Waste Disposal Agreement with the County today, the opportunity would never come again to make such a comparison. Discussion ensued regarding the indemnification being offered by the County versus what Burrtec could offer, and Attorney Civale explained in detail the County's indemnification plan. Mr. Tobin stated that Burrtec could match what was being proposed by the County and pointed out that the only additional indemnification being provided by the County was the insurance policy for $10 million. He stated that it is very common in the 17 12/15/1997 industry for either a facility operator or a hauler to proyide certain indemnification done in the same manner as the County, which is by an insurance policy and a bonding against the general assets of the company. COUNCIL MEMBER CURLIN EXCUSED At 11:58 a.m., Council Member Curlin left the Council meeting. It was the consensus of the Mayor and Council that they would continue discussion of the Waste Disposal Agreement to later in the afternoon. RECESS MEETING At 11:59 a.m., conference room for restructuring. the meeting a luncheon recessed workshop to the relative fourth floor to electric RECONVENE MEETING The joint regular meeting of the Mayor and Common Council and Community Development Commission reconvened in the fourth floor conference room of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Oberhelman, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Negrete, Curlin, Arias, Devlin, Miller. Also present: Officials from Southern California Edison. LUNCHEON WORKSHOP - ELECTRIC RESTRUCTURING - PRESENTATION BY SOUTHERN CALIFORNIA EDISON (37) Officials from Southern California Edison presented a program regarding energy restructuring, answered questions regarding same, and distributed a document titled, Opportunities In The New Electricity Marketplace, dated December 15, 1997. There was no action taken. COUNCIL MEMBER At 1:02 p.m., workshop. OBERHELMAN EXCUSED Council Member Oberhelman left the luncheon RECESS LUNCHEON WORKSHOP At 1:07 p.m., the luncheon workshop recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:00 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 18 12/15/1997 ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Deputy City Clerk Cordova, Economic Development Agency Administrator Steinhaus. Absent: Council Members Curlin, Arias. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:00 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council to order. NOTE: Community Development Comm.~ssion items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS (R2) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions on the regular agenda of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council be waived. APPROVE - AWARD FUNDS/ENTER INTO AGREEMENTS - EMERGENCY SHELTER GRANT PROGRAM - FISCAL YEAR 1997/98 - DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) - THIRD YEAR ACTION PLAN - 1995/1999 CONSOLIDATED PLAN (R4) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated Cecember 10, 1997, regarding the awarding of funds and execution of agreements for the Emergency Shelter Grant Program. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve the designation of The Salvation Army, Mary's Mercy Center, Frazee Community Center and Option House, Inc., as fiscal year 1997/1998 Emergency Shelter Grant Program recipients and authorize execution of agreements. 19 12/15/1997 DEPUTY CITY CLERK CORDOVA EXCUSED At 2: 17 p. m., Deputy City Clerk Cordova left the Council meeting and was replaced by City Clerk Clark. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At this time, the Mayor and Comm::m Council, Community Development Commission, took action Development Commission items. acting as the on Community SENIOR ASSISTANT CITY ATTORNEY CARLYLE & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 4: 04 p. m., Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo left the Council meeting and were replaced by Deputy City Attorney Empeno. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR EXCUSED At 4:04 p.m., Economic Development Steinhaus left the Council meeting and Administrator wilson. STEINHAUS Agency Administrator was replaced by City ACCEPT RECOMMENDATION - TRAFFIC SAFETY ADVISORY COMMITTEE CLOSE ARROWHEAD AVENUE AT "E" STREET/KENDALL DRIVE (Continued from November 17, 1997) (38) Roger Hardgrave, Director of Public Works/City Engineer, presented an overview of previous actions taken on this matter. Mayor Minor stated that said closure was being proposed due to the widening of Arrowhead Avenue. Peggy Barnes, 3711 Mayfield Avenue, San Bernardino, CA, voiced support for the proposed closure. Larry Neigel, representing Irene Bower of 445 Skylark Drive, San Bernardino, CA, stated that he was not absolutely opposed to the closure, but he was opposed as it affects Skylark and the residents living at the top of the hill. Floyd McDonald, 304 Edgerton Drive, San Bernardino, CA, voiced opposition, stating that emergency vehicles need to be able to get through and the road should be kept open for residents on Edgerton and Skylark. Bryson Hall, 505 Skylark Drive, San Bernardino, CA, opposed the closure, stating that it was essent:al to have two access roads for the residents on the hill, particularly in the event of fire. 20 12/15/1997 Bill Bowman, Skylark Drive, San Bernardino, saw no problem with closing the intersection as interfere with the private road ("Burma Road") hill. CA, stated that he long as it didn't that goes up the Martha Hall, 505 Skylark Drive, San Bernardino, CA, stated that the Fire Department has said there must be access in and out. Carl Brunmeier, 3615 North "D" Street, San Bernardino, CA, voiced opposition to the closure and expressed concern regarding the danger from fires. Steye Herring, 535 Magnolia, Long Beach, CA, stated that he owned one of three vacant lots in the area and the value would triple with the closure of Arrowhead Avenue; however, he felt that widening Kendall Drive to four lanes w0uld destroy the Castaways business. Ben Barnes, 3711 Mayfield, San Bernardino, CA, agreed that Arrowhead Avenue should be closed as it enters Kendall Drive; however, "Burma Road" to the top of the hill should be left open. Council Member Curlin made a mo::ion, seconded by Council Member Devlin, that the recommendation by the Traffic Safety Advisory Committee that Arrowhead Avenue be closed to traffic at "E" Street/Kendall Drive, be accepted. .- The motion carried by the follow~ng vote: Ayes: Members Curlin, Oberhelman, Devlin, Miller. Nays: Council Negrete, Anderson. Absent: Council Member Arias. Council Members Council Members Negrete and Anders0n changed their "no" votes to "yes" and the motion carried unanimously. RECEIVE & FILE - STATUS REPORT - WASTE DISPOSAL AGREEMENT - COUNTY OF SAN BERNARDINO WASTE SYSTEMS DIVISION - SEEK COMPETITIVE BIDS - OTHER QUALIFIED VENDORS (Discussed earlier in the meeting - page 16) (S3) Mark Ostoich of Gresham, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, San Bernardino, CA, representing Burrtec Waste Industries, stated that there should be a continuance of this matter to afford Burrtec the opportunity to show the Council that what Burrtec had said was true. He added that the City had a tremendous opportunity in front of It and requested a brief continuance. One of the main concerns of the ~ouncil was the problem of indemnification. Although Burrtec had indicated that they could indemnify the City to the same extent as the County of San Bernardino, this remained a point of concern. 21 12/15/1997 Discussion continued regarding lndemnification, and the Council again heard from Attorney Civale regarding this matter. Mr. Civale stated that there are two specific things to worry about relative to indemnification--the exact language of the indemnification and what backs up that l~nguage. He stated that it would certainly be possible for a private sector disposal provider to provide extremely valuable and beneficial guarantees. However, to compare the County's offer to Burrtec's offer at this time was impossible, since you would have to know the details of each contract to do so. He added that his personal belief was that the only way to know if you have the right deal or not is to put it out to bid. Harold Duffy, 5028 Wyche Court, San Bernardino, CA, stated that he had spent the last ten years working in waste management and spoke on direct haul versus usinc: a transfer station. He stated that the indemnification offered by the County, as he understood it, only indemnifies for material that is permanent, while most of what happens at a landfill is material that illegally slips through. He pointed out that with a transfer station there is a change of ownership and the City is not putting the material into the landfill, but the processor (like Burrtec) is putting it into the landfill. Bob Holcomb, 3702 Hemlock Drive, San Bernardino, CA, declared that City Attorney Penman had a conflict of interest because he had received contributions from Norcal and a loan from Supervisor Jerry Eaves, who was pushing this contract. He added that Council Member Oberhelman also had a conflict of ir.terest because he was an employee of the County. City Attorney Penman stated that since the consortium of cities had hired Mr. Civale as their rep~esentative, his office had no conflict of interest. Also, when he learned that the City and County were involved in this matter he had returned the contributions he had received this year from Norcal. Council Member Oberhelman asked Ci.ty Attorney Penman whether he had a conflict of interest by the mere fact that he was an employee of the County. City Attorney Penman stated that when Council Member Oberhelman was first elected to the Council, research had disclosed that being an employee of the County and an elected council member did not constitute a conflict. Mr. Penman noted that if the matter involved the Probation Department (the department in which Mr. Oberhelman actually works) then it would be different. RES. 97-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO WASTE SYSTEMS DIVISION AND THE CITY OF SAN BERNARDINO. (S3) 22 12/15/1997 City Clerk Clark read the entire resolution into the record. Council Member Anderson made a motion, seconded by Council Member Negrete, that the Council adopt the Waste Disposal Agreement that had been negotiated with the County of San Bernardino Waste Systems Division. (Note: The motion was subsequently amended.) Council Member Oberhelman stated that the copy of the agreement attached to his copy of the resolution did not contain the changes acknowledged by Mr. Newcombe regarding the use of the month of February for the Employment Cost Index referenced on page 21. Mr. Newcombe stated that the County was aware of the change and had redrafted the agreement; and stated that the County would accept the Council's adoption of the agreement with that change. Council Member Oberhelman also stated that he had been unable to locate Table 22 (also referenced on page 21) and asked that it be deleted from the document. City Attorney Penman suggested that if the County could locate Table 22 it would be left in; if not, reference to it would be deleted. Council Member Anderson amended her motion, seconded by Council Member Negrete, that the Council adopt the Waste Disposal Agreement negotiated with the County of San Bernardino Waste Systems Division, with the incorporation of changes on pages 21 and 28 of the agreement so that on page 21, the third paragraph reads: El, Employment Cost Index, Compensation, Private Industry Workers, as published by the United States Department of Labor Statistics in the publication Monthlv Labor Review, Table 22 for the last quarter of the year preceding the year the adjustment is being made (e.g., the first adjustment will use the last quarter, 1998 value) (Note: If Table 22 cannot be located, reference to same would be deleted in the final agreement.); and on page 28, line 20, the word "and" is changed to the word "any"; and that said resolution be adopted. The motion carried, and the following vote: Ayes: Oberhelman, Devlin, Anderson, Council Member Arias. Resolution Council Miller. No. 97-371 was adopted by Members Negrete, Curlin, Nays: None. Absent: 23 12/15/1997 RES. 97-372 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMEN'::' BETWEEN WILLIAM HOLT AND THE CITY OF SAN BERNARDINO FOR HEARING OFFICER SERVICES. (Discussed later in the meeting - page 25) (S1) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. (Note: There was no vote taken.) City Attorney Penman stated that there were some changes to said resolution and asked that it be discussed later. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS PERTAINING THERETO, AND EXPENSES OF ABATEMENTS. FIRST (S2) Council Member Anderson made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said ordinance be laid over for final adoption. APPROVE - CONTRACT CHANGE ORDER NO. SEVEN - HOLLAND-LOWE CONSTRUCTION, INC. TRAFFIC S=GNAL IMPROVEMENTS TIPPECANOE AVENUE - REDLANDS BOULEVARD TO HOSPITALITY LANE - PLAN NO. 8888 (S4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated December 10, 1997, regarding Contract Change Order No. Seven with Holland-Lowe Construction, Inc., relative to traffic signal improvements on Tippecanoe Avenue. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that Contract Change Order No. Seven to the contract with Holland-Lowe Construction, Inc., for traffic signal and street improvements on Tippecanoe Avenue, from Redlands Boulevard to Hospl.tality Lane, in accordance with Plan No. 8888, be approved, and the implementation of the administrative agreement of disputed items of work be approved, to provide compensation for the additional excavation that was performed at the job site, at an additional cost of $39,636; increasing the final contract price from $431,202.02 to $470,838.02; and that the Director of Finance be directed to increase the budget for Traffic Signal and Street Improvements on Tippecanoe Avenue, from Redlands Boulevard to Hospitality Lane, Account No. 250-370-5504-1501, by an amount of $39,636. 24 12/15/1997 ORDINANCE OF THE CITY OF SAN BERNARC'INO AMENDING SECTIONS 2.17.010,2.17.020, 2.30.010, 2.39.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE GENERAL PROVISIONS REGARDING BOARDS, BUREACS AND COMMISSIONS SET FORTH IN CHAPTER 2.17. First (AS1) Council Member Anderson made a motion, Member Oberhelman, that said ordinance be adoption. (Note: The vote was taken after seconded by Council laid over for final discussion. ) Council Member Curlin inquired where the impetus for this action originated, stating that it seemed to him like an attempt to politicize the Human Relations Commission, and expressed opposition to said action. Mayor Minor explained that an effort had been made to remove a member of the Human Relations Commission, and it was found that this could not be done under the current ordinance. Harold Duffy, 5028 Wyche Court, San Bernardino, CA, stated that he was not present to fight for his seat on the Human Relations Commission; however, he believed in the Human Relations Commission and was opposed to said ordinance. He stated that when Mrs. Arias tried to remove him from his seat on the commission, he simply pointed out that his appointment was to be concurrent with the appointing authority, unless removed for cause. To allow his removal without following the proper procedure, would make it look like he did something wrong. Susan Lien, 1833 Kenwood Avenue, San Bernardino, CA, stated that she had an opportunity to serve as a commission member, and a commissioner should not feel that if they disagree with the person who appoints them that they are in jeopardy of being ousted from their position. City Attorney Penman stated that this action would bring the Fine Arts Commission, Human Relations Commission, and the Main Street Advisory Board into conformance with Section 2.17 of the Municipal Code. Council Member Negrete made a substitute motion, seconded by Council Member Curlin, that the matter be continued. The substitute motion failed Council Members Negrete, Curlin, Members Devlin, Anderson, Miller. by the following vote: Ayes: Oberhelman. Nays: Council Absent: Council Member Arias. It was noted that this was ordinance and a second vote would adopted. only the first reading of the be required before it could be 25 12/15/1997 The original motion made by Council Member Anderson, seconded by Council Member Oberhelman, carried by the following vote: Ayes: Council Members Oberhelman, Devlin, Anderson, Miller. Nays: Council Members Negrete, Curlin. Absent: Council Member Arias. RES. 97-372 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN WILLIAM HOLT AND THE CITY OF SAN BERNARDINO FOR HEARING OFFICER SERVICES. (Discussed earlier in the meeting page 23) (S1) Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 97 -3 72 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: None. Absent: Council Member Arias. RECEIVE & FILE - STATUS REPORT - FEASIBILITY OF EXPANDING BUILDING INSPECTION CUSTOMER SERVICE HOURS (30) Fred Wilson, City Administrator, submitted a Staff Report dated December 5, 1997, recommending that the status report on the feasibility of expanding building inspection customer service hours be received and filed. ~ Mr. Wilson explained that in order to answer telephone inquiries and offer inspections on closed Fridays, clerical staff and inspectors' schedules would be rotated, with staffing levels at 75 percent on Mondays and Fridays. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the status report on the feasibility of expanding building inspection customer service hours be received and filed. WAIVE FEES - BOY SCOUTS OF AMERICA - MARTIN LUTHER KING DAY PARADE - JANUARY 17, 1998 (31) City Administrator Wilson submitted a Staff Report dated December 9, 1997, regarding a request from the Boy Scouts of America for a waiver of fees associated with City services for conducting their Martin Luther King Day parade. Mr. Wilson also submitted a memorandum dated December 11, 1997, wherein he noted that the actual costs would be approximately $720 rather than the $1,107.92 that was originally stated in the Staff Report. 26 12/15/1997 council Member Oberhelman stated that he would abstain from voting since he was District Chairman of the Arrowhead Council of the Boy Scouts of America. The Council discussed the fact that recently the policy had been to deny all requests for waiver of fees, and it would be unfair to deny some and approve others. Council Member Curlin made a motion, seconded by Council Member Miller, that the request for a waiver of fees in the amount of approximately $720 for Police and Public Services departmental costs in connection with the Boy Scouts of America Martin Luther King Day parade on January 17, 1998, be denied. The motion carried by the follow:.ng vote: Members Negrete, Curlin, Devlin, Miller. Nays: Anderson. Abstain: Council Member Oberhelman. Member Arias. Ayes: Council Council Member Absent: Council AUTHORIZE ESTABLISHMENT - MENTOR COORDINATOR POSITION - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (32) Ed Raya, Acting Director of Personnel, submitted a Staff Report dated December 1, 1997, regarding the establishment of a mentor coordinator position in the Parks, Recreation and Community Services Department. council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that one (1) Mentor Coordinator position, grant funded, at a flat rate of $3030/month, be established; and that the Acting Director of Personnel be directed to update Resolution No. 6413, Section 13, to reflect this particular action. AUTHORIZE SALARY INCREASES SENIOR NUTRITION PROGRAM POSITIONS - PARKS, RECREATION & COMMUNITY SERVICES(33) Ed Raya, Acting Director of Personnel, submitted a Staff Report dated December 1, 1997, regarding salary increases for the Senior Nutrition Program positions. council Member Curlin made a motion, seconded by Council Member Miller, and unanimously carried, that the salary increases for the following Senior Nutrition positions, retroactive to September 1, 1997: Food Service Worker II (1) from ($1,156.13/month to $1,213.33/month); Food Service Supervisor I (1) from ($1,313.87/month to $1,379.73/month); Food Service Supervisor II (1) from ($1,717.73/month to $1,804.40/month), be approved; and that the Acting Director of Personnel be directed to update Resolution No. 6413, Section 13, to reflect this particular action. 27 12/15/1997 UPGRADE SALARY RANGE - CHANGE CLASSIFICATION TITLE - CODE COMPLIANCE MANAGER - TO DIRECTOR O? CODE COMPLIANCE (34) Mayor Tom Minor submitted a Staff Report dated December 10, 1997, regarding a salary upgrade and a classification title change for the Code Compliance Manager position to a Director of Code Compliance. Council Member Negrete made a motion, seconded by Council Member Anderson, that the salary range for the classification of Code Compliance Manager be upgraded from Range 4482, $4,913- $5,972/month to Range 4523, $6,028-$7,327/month; that the title for the classification of Code Compliance Manager be changed to Director of Code Compliance; and that the Acting Director of Personnel be directed to update Resolution No. 6413, Section 14, to reflect this particular action. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Anderson, Miller. Nays: Council Oberhelman, Devlin. Absent: Council ~ember Arias. Council Members RES. 97-373 A RESOLUTION OF ':'HE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING TEMPORARY AND PERMANENT EASEMENTS TO THE METROPOLITAN WATER DISTRICT, AND AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AND SALE AGREEMENT FOR SALE OF TEMPORARY AND PERMANENT EASEMENTS TO THE METROPOLITAN WATER DISTRICT. (35) Council Member Miller made a mo::ion, seconded by Council Member Anderson, that said resolution be adopted. Resolution Ayes: Council Anderson, Miller. No. 97 -3 73 was adopted by the following vote: Members Negrete, Curlin, Oberhelman, Devlin, Nays: None. Absent: Council Member Arias. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 13.32, SECTION 13.32.275 OF THE SAN BERNARDINO MUNICIPAL CODE, RELATING TO ANNUAL PUBLIC NOTICE OF SIGNIFICANT NONCOMPLIANCE. First (36) Council Member Oberhelman made a n,otion, seconded by Council Member Negrete, and unanimously carried, that said ordinance be laid over for final adoption. RES. 97-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INCREASE OF $20,000 ON PURCHASE ORDER #991389 TO XEROX CORPORATION. (Continued from December 1, 1997) (39) 28 12/15/1997 Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-374 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Arias. ADJOURNMENT At 5:52 p.m., the meeting was adjourned. The meeting will be held at 8:00 a.m., Monday, January 12, Council Chambers of City Hall, 300 North "D" Bernardino, California. (40) next regular 1998, in the Street, San RACHEL G. CLARK City Clerk By 42:-H~ Deputy City Clerk No. of Items: 49 No. of Hours: 8 29 12/15/1997